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★ Florida · fracture

Fracture settlements
in Florida.

By Reviewed by Abd Shanti, Founder9 min read

Florida premises cases turn on notice. A woman who fell in a gasoline puddle at a Speedway station suffered multiple fractures and won at trial, but the verdict was reversed because the spill was only 111 seconds old.

Facts that decide a fracture claim in Florida

Constructive noticeThe injured person must show the dangerous condition existed long enough that the owner should have known of it; a spill created 111 seconds earlier was not enough.Speedway v. Cevallos (Fla. 4th DCA 2021)
Fault rule since 2023In a negligence action, “any party found to be greater than 50 percent at fault for his or her own harm may not recover any damages.” Medical negligence cases are excluded and keep pure comparative fault.Fla. Stat. § 768.81(6)
Deadline to sueTwo years for “an action founded on negligence.”Fla. Stat. § 95.11(4)(a)
Claims against governmentLiability is capped at $200,000 per person and $300,000 per incident; claims must be presented within 3 years.Fla. Stat. § 768.28
united states · sister site
Your fracture claim in Florida. See the number for your own case.

FairSettlement gives you a free estimate for your own fracture case in about two minutes, no cost and no obligation.

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★ FL · reported fracture outcomes

What Florida courts have awarded.

Real Florida decisions and verdicts, each linked to the court record or official report.

  • Speedway LLC v. Cevallos
    Florida Fourth District Court of Appeal · 2021
    Verdict for injured customer reversed

    Gloria Cevallos paid inside a Speedway station and, walking back to her car, slipped in a gasoline puddle left by a car that had pulled away 111 seconds earlier. She had not seen it, her clothes were soaked with gasoline, and she suffered multiple fractures that required surgery. The jury found for her on constructive notice, but the Third District held there was no evidence the condition existed long enough and reversed.

  • Morales v. Weil
    Florida Fourth District Court of Appeal · 2010
    Judgment for property owners affirmed

    A contractor’s crew went to the Weils’ property to tear the roof off a barn they could see was visibly damaged. They climbed up anyway, and Humberto Morales fell through a weakened roof panel and was injured. The court affirmed summary judgment and a directed verdict for the owners, applying the rule that one who hires an independent contractor is generally not liable for injuries to the contractor’s employees.

★ FL · fracture · in practice

What changes the number here.

What actually moves a fracture settlement in Florida.

  1. 1

    Time on the floor is the issue. Cevallos had a clear injury and a clear hazard, but the spill was less than two minutes old.

  2. 2

    Buildup theories need proof. Her lawyers argued the concrete had a slick buildup from poor maintenance, but the court found no evidence of it.

  3. 3

    Falls on government property face the $200,000 per person cap in § 768.28.

  4. 4

    Known dangers weaken a fall claim. The crew in Morales could see the barn roof was damaged before climbing onto it.

  5. 5

    Hiring a contractor usually shifts responsibility. Morales’s claim against the owners failed because they had hired his employer to do the work.

★ FL · statute of limitations
2 years from date of injury (was 4; reduced by HB 837)

Fla. Stat. § 95.11(4)(a)

★ FL · fault rule
Modified comparative, 51% bar

Modified comparative, recovery barred at 51% claimant fault. Florida changed from pure comparative to modified-51 under HB 837 (2023) for cases accruing on or after 24 March 2023.

★ fracture · same region & fault regime

Compare to like jurisdictions.

How Florida's fault rule and limitation period compare to jurisdictions in the same US region and to those running the same fault rule for fracture claims.

JurisdictionFault ruleLimitationFracture page
Florida · you are hereModified comparative, 51% bar2 years from date of injury (was 4; reduced by HB 837)—
GeorgiaModified comparative, 50% bar2 years from date of injuryGA · fracture →
KentuckyPure comparative negligence1 year for personal injury (one of the shortest in the US)KY · fracture →
LouisianaModified comparative, 51% bar1 year (la prescription), extended to 2 years by Act 423 (2024) for tort claims accruing on or after July 1, 2024LA · fracture →
MississippiPure comparative negligence3 years from date of injuryMS · fracture →
North CarolinaPure contributory negligence3 years from date of injuryNC · fracture →
South CarolinaModified comparative, 51% bar3 years from date of injurySC · fracture →
HawaiiModified comparative, 51% bar2 years from date of injuryHI · fracture →
IllinoisModified comparative, 51% bar2 years from date of injuryIL · fracture →
IndianaModified comparative, 51% bar2 years from date of injuryIN · fracture →
IowaModified comparative, 51% bar2 years from date of injuryIA · fracture →
IdahoModified comparative, 50% bar2 years from date of injuryID · fracture →
KansasModified comparative, 50% bar2 years from date of injuryKS · fracture →
★ FL · fracture · frequently asked

Common questions.

Each answer is independently coherent and references the relevant statute or authority document.

united states · sister site
Hurt in a car crash in Florida? See what your own claim could be worth.

FairSettlement, our US sister site, gives you a free estimate in about two minutes. No cost and no obligation.

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Sources

Checked 2026-09-29.

★ all of FL
Florida overview

Fault rule, statute, caps, and key facts for Florida as a whole.

★ national frame
Fracture in United States

Fracture band structure and severity tiers at the US level.

★ all 15 countries
Fracture · everywhere

Cross-jurisdiction comparison of fracture bands.

★ editorial note

Figures on this page are not quotes for any specific case. For representation, consult an attorney admitted in Florida. See /methodology, /sources, and /disclaimer.